February 17, 2021 With re-openings increasing across the country on at least a hybrid basis and vaccinations gradually extending to teachers at least in some districts, the outlines of the nature and extent of the FAPE obligation, including the remedies for its denial, are increasingly emerging in recent legal activity specific to students with disabilities.… Continue reading COVID-19 Guidance and Case Law: Winter Update
Monthly Legal Updates
February 2021 Legal Update
This month’s update identifies recent court decisions of general significance, specifically addressing (a) FAPE and the remedy of compensatory education, and (b) FAPE and the remedy of tuition reimbursement, along with an added flourish under Section 504 and the Americans with Disabilities Act (ADA). Download the update and read more.
Special Supplement: Section 504 Prevalence Rates per School (and Overall State, District, and School Analyses)
Based on the recently issued CRDC data for the 2017-18 school year, this Special Supplement provides the reported percentage of "504-only" students in each school in the country with at least 250 students. For separate analyses of the 504 rates at the state, school district, and school level, respectively, in terms of the overall high… Continue reading Special Supplement: Section 504 Prevalence Rates per School (and Overall State, District, and School Analyses)
January 2021 Legal Update
This month’s update identifies recent court decisions of general significance, specifically addressing (a) FAPE via another case in the direct line after Endrew F., and (b) employee rights emanating from the special education context, here via the case of a terminated teacher during the ongoing COVID-19 crisis. Download the update and read more.
December 2020 Legal Update
This month’s update identifies recent court decisions of general significance, specifically addressing issues of (a) settlements for special education students, and (b) system-wide claims arising under COVID-19. Download the update and read more.
COVID-19 Guidance and Case Law: Late Fall Update
November 19, 2020 The pandemic continues, and the ultimate two-part question for parents and school districts still remains open-ended: (a) has the district denied FAPE to the eligible child and, if so, (b) what is the resulting relief, including any compensatory education? In the meantime, the issue for IDEA adjudications keeps reappearing in a potentially… Continue reading COVID-19 Guidance and Case Law: Late Fall Update
November 2020 Legal Update
This month’s update identifies recent court decisions of general significance, specifically addressing issues of (a) IDEA standards for evaluations (including reevaluations) and (b) FAPE claims arising under COVID-19. Download the update and read more.
COVID-19 Legal Activity: Briefing Paper
Here, hot off the press, is a briefing paper that provides a snapshot of the COVID-19 legal activity. It is limited to the two state administrative avenues under the IDEA (due process hearings and written state complaints) as of the end of the first six months of the pandemic. It is the promised follow-up report… Continue reading COVID-19 Legal Activity: Briefing Paper
October 2020 Legal Update
This month’s update identifies recent court decisions of general significance, specifically addressing the questions of (a) whether a functional behavioral assessment (FBA) qualifies as an evaluation under the IDEA, and (b) to what extent a school nurse’s advocacy on behalf of students with disabilities provides legal protection from adverse employment action. Download the update and… Continue reading October 2020 Legal Update
COVID-19 Legal Activity: Addendum to Early Fall Update
As an addendum to Supplement 5 (COVID-19 Guidance and Case Law: Early Fall Update), here is a snapshot overview of the due process hearing and state complaint activity for COVID-19 issues as of August 31. It is based on a survey of state education agencies. Click here to download the addendum [PDF].
